Overview
Since 2017, Chris has been recognized for his work in Litigation: General Commercial by Chambers USA. In 2020, Chambers noted that Chris is a "fantastic lawyer" and "well regarded for his expertise in commercial disputes as well as ERISA and healthcare litigation. He is very practical, thorough and shows good judgment."
Since 2013, he has been selected for inclusion in The Best Lawyers in America© in the areas of Commercial Litigation and Litigation – ERISA. For the years 2016 and 2018, Chris was recognized by Best Lawyers as its Cleveland ERISA Litigation "Lawyer of The Year," a distinction reserved for one lawyer per practice area each year.
Chris is a Fellow in the Litigation Counsel of America and has also been recognized by Benchmark Litigation as a "Local Litigation Star – Ohio" in the areas of General Commercial, Health Care, and Professional Liability from 2012-2021.
Based on statewide voting by Ohio lawyers, Chris has been recognized by Ohio Super Lawyers as a Top 50 Cleveland Attorney and a Top 100 Ohio Attorney for the past seven years. Chris is also a Life Member of the Judicial Conference of the 8th Judicial District (Cuyahoga County).
Chris currently serves on the Boards of Directors of College Now of Greater Cleveland and the Ohio State Legal Services Association.
In addition to Co-Chairing the Litigation Department, Chris serves on Calfee’s Practice, Planning & Growth Committee, its Diversity & Inclusion Committee, and as Chair of the firm’s Pro Bono Committee.
Honors & Recognitions
- Chambers USA, Litigation: General Commercial, Band 4 (2017-2020)
- Benchmark Litigation, Local Litigation Star – Ohio, General Commercial, Health Care, Professional Liability (2012-2021)
- The Best Lawyers in America©, Commercial Litigation, Litigation – ERISA (2013-2021)
- The Best Lawyers in America©, Cleveland ERISA Litigation "Lawyer of The Year," (2016 and 2018)
- Ohio Super Lawyers (2012-2021)
- Top 100 Ohio Super Lawyers List (2013; 2015-2021)
- Top 50 Cleveland Super Lawyers List (2013; 2015-2018; 2020-2021)
- Litigation Counsel of America, Fellow
Education
J.D., Georgetown University Law Center, 1989
B.A., Miami University, 1986
Experience
Experience
Commercial Litigation
- In 2020 obtained summary judgment for one of the nation’s largest retailers in a commercial lease dispute with an Ohio real estate developer arising from the Calfee client’s business decision to shutter one location in favor of a new location nearby; the landlord’s appeal to the 6th Circuit Court of Appeals remains pending.
- Culminating in a 2020 Ohio Supreme Court Order, successfully represented a Colorado public company and its former CEO in litigation matters resulting in judgments against and collections from an Ohio company totaling more than $5.8 million in compensatory and punitive damages, plus a $1.1 million sanctions and attorneys’ fees award, which award was affirmed by the 11th District Ohio Court of Appeals in 2019 and the Ohio Supreme Court in 2020.
- In 2018, and dating back to 2012, represented two of Ohio’s four casinos, and obtained judgment in the casinos’ favor with respect to federal and state constitutional claims asserted by a national anti-gambling organization and its Ohio members. The losing plaintiffs filed five separate appeals, including twice to the Ohio Supreme Court and one failed effort before the US Supreme Court, and final judgment was entered in March 2018.
- In 2016 represented one of Ohio’s largest steel companies in a multi-million-dollar three-week jury trial arising from a $100 million construction project gone awry.
- In 2014, defended a publicly held Ohio bank against federal court allegations of lending and collections fraud and negotiated a nuisance value settlement of plaintiff’s claims.
- In 2012, presented oral argument to the 11th Circuit Court of Appeals in Atlanta and obtained final judgment affirming the district court’s order dismissing the adverse parties’ federal claims arising from alleged fraud, RICO and conspiracy activities relating to failed Florida real estate investments.
- Successfully established a lack of personal jurisdiction in Ohio and obtained a final judgment in 2012 from the U.S. District Court for the Northern District of Ohio for a large North American parking management company in a dispute with a competitor arising from their joint venture at the Toronto Pearson International Airport.
- In 2011, summary judgment was awarded to Calfee’s publicly held client in a case alleging alter ego and corporate veil theories against the client arising from a failed Cleveland real estate venture.
- In 2010, represented a publicly owned Ohio bank in a class-action lawsuit arising from alleged false and fraudulent mass mailing advertisements; the case was dismissed with prejudice by the court with the granting of Calfee’s motion to dismiss.
- In 2010, obtained summary judgment for a plaintiff bank against one of Ohio’s largest auto dealers arising from a fraudulent loan and auto purchase scam
ERISA/Health Care Litigation
- Presently (in 2020) defending a putative class action brought by various Ohio governmental entities asserting healthcare billing fraud, contract and statutory claims arising from Calfee’s client’s administration of self-insured welfare plans.
- In 2017 represented a publicly held Cleveland company in connection with multi-million-dollar claims against it arising from golden parachute/change-in-control agreements entered into with former company executives. Final judgment in favor of Calfee’s client was entered by the trial court, was affirmed by the Cuyahoga County Court of Appeals, and the losing plaintiffs unsuccessfully sought Ohio Supreme Court review of their claims.
- In 2016, defended Ohio’s largest health care insurance company in separate, multi-million-dollar billing fraud lawsuits, one of which resulted in a final judgment disposing entirely of the plaintiffs’ $22 million causes of action, and the other of which resulted in a negotiated zero cost dismissal.
- In 2013, while representing the public company employer, obtained a federal court preliminary injunction freezing the current and prospective assets of all four adverse parties in a multi-million-dollar ERISA healthcare benefits dispute arising from the mismanagement and underfunding of welfare plans.
- In 2012, appeared for a preliminary injunction hearing in Newark, NJ federal court, the hometown of the opposing party, one of the world’s 10 largest insurers, and defeated the insurer’s request for an order prohibiting Calfee’s client from assigning to a third-party a multi-million-dollar administrative services agreement.
- Following extensive fact and expert discovery and summary judgment briefing before the District Court for the Eastern District of Michigan, favorably settled, in 2011, ERISA fiduciary duty and prohibited transaction claims filed by the bankruptcy trustee on behalf of an insolvent public company against its former officers and directors.
- In 2010, following oral argument, obtained affirmation from the Sixth Circuit Court of Appeals of a summary judgment award in an ERISA case involving Plan Administrator discretion, the appropriate standard of appellate review and the interplay between written Plan terms and alleged conflicting oral representations.
- In 2009, finalized a $27 million settlement against an international financial adviser arising out of the Calfee pension plan client’s losses due to investments made in Bernard Madoff-related funds.
- In 2009, on cross-motions for summary judgment filed after three days of evidentiary hearing, successfully limited an ERISA plaintiff to a small fraction of his sought-after $9 million in damages and attorneys’ fees arising from the administration of a Supplemental Executive Retirement Plan.
- In 2008, appeared in Dayton federal court for a class-action fairness hearing and reached an agreement to settle on favorable terms ERISA and RICO class-action claims arising from pension plan consulting and actuarial services.
- Arguing ERISA preemption and standing issues before the Fifth Circuit Court of Appeals in 2005, obtained judgment affirming the Louisiana district court’s summary judgment on behalf of three clients. The companies had been sued in Louisiana state court for $2.4 million, arising from their alleged violations of Louisiana’s bad faith insurance statute.
- In 2005, obtained an American Arbitration Association award on behalf of Ohio’s largest Medicaid healthcare provider following state court litigation and a multi-day arbitration hearing arising from Medicaid billing fraud and breach of contract allegations against the client.